INTRODUCTION|On June 27, 2011, when J. McIntyre Machinery, Ltd. v. Nicastrol and Goodyear Dunlop Tires Operations, S.A. v. Brown were handed down, it marked for the first time in almost a quarter of a century that the ...

INTRODUCTION|In theory if not in fact, the purpose of a trial in the American legal tradition is to discern the truth related to a particular dispute. Although scholars have debated how well the adversary system actually ...

INTRODUCTION|Perhaps nowhere as much as in the United States has athletics been considered so natural a part of university life. The quiet gentleman-scholar may take his tranquil stroll some autumnal Saturday afternoon to ...

INTRODUCTION|In Johnson v. Transportation Agency, Santa Clara County, California, the United States Supreme Court once again considered the fate of one of the most "starkly divisive" issues present in our society-affirmative ...

INTRODUCTION|Disputes regarding child custody and parental relocation are some of the most difficult for a court to decide. Once a family is separated by divorce, it cannot be configured in exactly the same way again. ...

INTRODUCTION|The United States Constitution expressly provides each of the three branches of Government with certain rights and powers. Article I gives Congress the power to make the laws. Article II vests the executive ...

FIRST PARAGRAPH(S)|When the history of the United States Supreme Court in the early twenty-first century is written, Jones v. Flowers will not be celebrated as one of the Court's great achievements. The stakes were small ...

FIRST PARAGRAPH(S)|For nearly sixty-four years Judge Richard E. Robinson was a major figure in the Omaha legal community, as a lawyer, judge, mentor, and teacher. It was my great privilege to have been his law clerk for ...

FIRST PARAGRAPH(S)|Trial advocacy is a broad, and at times, irrationally complex field. Rules of evidence and procedure, with origins that are centuries old, are used to address principles of substantive law that sometimes ...

INTRODUCTION|Picture a town inhabited only by convicts. The town's police force is unarmed, patrols on foot, and is outnumbered fifty to one. This is not the backdrop of a post-apocalyptic dystopian film. Rather, it is a ...

FIRST PARAGRAPH(S)|In his enduring classic, The Common Law, Oliver Wendell Holmes, Jr., began his first Lowell Lecture with the memorable sentence, "The life of the law has not been logic: it has been experience." Justice ...

INTRODUCTION|In 1968, pursuant to the bankruptcy and commerce powers, Congress passed Title III of the Consumer Credit Protection Act (C.C.P.A.) . The general purpose of that act was to exempt from garnishment seventy-five ...

INTRODUCTION|Enforcement of oral promises to marry or cohabit presents special problems of both a public and private nature. A further dilemma exists where, because of statute, promises of marriage may not be enforced, ...

INTRODUCTION|The Sherman Antitrust Act of 1890 rests on the premise that free and unfettered competition is in the nation's best interest. The Act to Regulate Commerce of 1887 rests on the premise that the forces of the ...

INTRODUCTION|An integral part of human autonomy is "the right to make choices pertaining to one's health, including the right to refuse unwanted medical treatment." This right of refusal extends to all medical choices. The ...

INTRODUCTION|Judicial notice, broadly defined, involves the court's reliance on information that has not been subject to traditional evidentiary constraints. Confusion arises as to the precise meaning of the term partially ...

INTRODUCTION|It is an act constituting felonious understatement to say that the right to trial by jury has assumed a heightened importance in the Criminal Justice System. Since the United States Supreme Court's pronouncement ...

INTRODUCTION|It is agreed, among those persons who should know, that our prisons and jails are productive of little more than human suffering and recidivist criminal behavior. Legislative reforms would be the ideal means ...

INTRODUCTION|When confronted with an impending court-martial, a member of the Armed Forces must normally go to trial and, if convicted, pursue his appeal through the established channels of the military justice system. ...